Shantabai vs The Chief Engineer And Ors
2022 Latest Caselaw 4808 Kant

             IN THE HIGH COURT OF KARNATAKA
                    KALABURAGI BENCH

         DATED THIS THE 15TH DAY OF MARCH 2022

                          BEFORE

         THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

              M.S.A. NO.200015 OF 2019 (LA)

BETWEEN:

SHANTABAI,
W/O SHIVASHARANAPPA,
AGED MAJOR, OCC: AGRICULTURE,
R/O PETHSIRUR, CHITTAPUR TALUK,
KALABURAGI DISTRICT.
                                              ...APPELLANT

(BY SMT. ANITA M REDDY AND
    SMT. LAKSHMI G.E., ADVOCATES)

AND:

1.     THE SPL. LAO,
       KALABURAGI,
       FOR M & MIP ROOM No.7,
       MINI VIDHANA SOUDHA,
       KALABURAGI - 585 101.

2.     THE DEPUTY COMMISSIONER,
       KALABURAGI - 585 101.

3.     THE EXECUTIVE ENGINEER,
       M.I DIVISION, IWAN-E3-SHAHI,
       KALABURAGI - 585 501.
                                         ...RESPONDENTS
                                   2



        THIS   APPEAL    IS   FILED    U/S   54(2)   OF   THE   LAND
ACQUISITION ACT SEEKING TO ALLOW THE APPEAL AND THE
IMPUGNED JUDGMENT AND AWARED DATED 17.04.2012 PASSED
BY THE 1ST ADDITIONAL DISTRICT JUDGE, KALABURAGI IN LACA
No.50/2012      ARISEN    FROM    LAC.No.70/2008      DISPOSED    ON
15.07.2010 BY CIVIL JUDGE (SR.DN) AT CHITAPUR TO BE
MODIFIED BY ENHANCING THE AMOUNT OF COMPENSATION AT
2,98,651/- PER ACRE IN LACA.No.624/2017 DISPOSED OF
15.12.2018 BY III ADDL. DISTRICT AND SESSION JUDGE FOR
LAND WITH ALL BENEFITS, IN THE INTEREST OF JUSTICE AND
EQUITY.


        THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                              JUDGMENT

This appeal is filed on 18.03.2019. The matter was

listed before the Court on 12.07.2019. Three weeks time

was granted for compliance of office objections, failing

which, appeal shall be listed for dismissal. On 22.08.2019,

this Court dismissed the appeal in terms of the peremptory

order dated 12.07.2019 for non-compliance of office

objections.

2. The learned counsel for the appellant filed an

application I.A.No.1/2019, recalling the order dated

22.08.2019. This Court on 13.12.2019 allowed

I.A.No.1/2019 and granted two weeks time to comply with

the office objections. Again matter was listed on

29.01.2020. Three weeks time was granted for compliance

of office objections. Matter was again listed on 25.09.2021.

None appear for the appellant and finally two weeks time

was granted to comply with the office objections.

3. Again on 08.12.2021, when the matter was listed,

one week's time was granted to comply with the office

objections, subject to cost of Rs.200/- payable by the

appellant to the Advocate's Library Fund, High Court of

Karnataka, Kalaburagi Bench.

4. Today, matter is listed for non-compliance of

office objections for the 4th time. Even today case called

twice. There is no representation on behalf of the appellant.

Though the appeal is of the year 2019, it seems that the

appellant is not interested in prosecuting the appeal. Hence,

the appeal is dismissed for non compliance of office

objections.

SD/-

JUDGE

GRD